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CONSTRUCTIVE EVICTION - LANDLORD LETTER TO TENANT TO CEASE AND DESIST SELF-HELP EVICTION

 


Date:.....................................


 

To: ....................................... [Insert Name of Landlord]

      ....................................... [Insert Landlord's Address]
      .......................................

Re:  [Name of Tenant]'s Residential Lease With [Name of Landlord] for

       [Insert Property Address Rented] (the "Property")

    

Please be advised that your tenant, [Insert Name of Tenant], has come to this law office for assistance. [He/She] has informed me that [he/she] [state problem, such as:  has been without water/electricity/heat; or has been unable to get into the premises] since you [state violation by landlord, such as:disconnected utility service; or changed the locks on the rental unit].


Your unlawful [state violation by Landlord, such as:  termination of service; or blocking of access to the premises] constitutes constructive eviction and is a violation of Florida law.

 

PLEASE BE ADVISED THAT SELF-HELP EVICTIONS ARE PROHIBITED IN THIS STATE.

If you want to lawfully evict [Insert Name of Tenant] from the Property, you must go through the courts. Please be advised that your illegal conduct may result in liability. I strongly advise you to contact your attorney about this.

If I am informed by [Insert Name of Tenant] that you have not immediately [state corrective action needed, such as: restored water/electricity/heat; or provided access] to the Property and/or that you have attempted to evict [Insert Name of Tenant] by any means other than through the courts, I will have no alternative but to proceed in a manner consistent with [Insert Name of Tenant]'s best interest.

If you have any questions or wish to discuss this matter, please do not hesitate to contact me.

                                                     Very truly yours,


                                                     /s/_________________________
                                                              [ Name of Attorney]
                                                              [ Address of Attorney]
                                                              [Telephone No. of Attorney]
                                                              Florida Bar No. ......................

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